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Scottish Court of Session Decisions >>
Charles Mitchell, Supplicant. [1764] Mor 8891 (19 June 1764)
URL: http://www.bailii.org/scot/cases/ScotCS/1764/Mor218891-009.html
Sheriff-officers were authorised by the Court to officiate as messengers in executing diligence against witnesses and havers in a sale.
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In the sale of the estate of Girlsta in Zetland, an act was pronounced for proving the rental and value of the lands, and a commission granted for taking the proof, with letters of diligence directed to messengers at arms as usual, for citing the witnesses.
The estate under sale, though scarce yielding L. 100 Sterling of yearly rent, lies scattered through the islands of Zetland; and the tenants living at great distances from one another, are in number 250. There is at present but one messenger in Zetland; and as he would have by computation above 300 miles to travel by land and water before compleating his circuit, he declined the execution without being allowed several months, with the sum of L. 40 Sterling for his fee and expenses. This produced an application to the Court of Session at the instance of the creditors, praying an authority to employ Sheriff-officers to execute the diligence, who would perform the same expeditiously and at a very small expense; which, considering the circumstances of the case, was readily granted.
Fol. Dic. v. 4. p. 1. Sel. Dec. Fac. Col.
*** This case is No 87. p. 7355, voce Jurisdiction.
